Heritage

Review of the Aboriginal Heritage Regulations 2007

In 2017 Aboriginal Victoria carried out a review of the operation of the Aboriginal Heritage Regulations 2007.

On 25 May 2017 the Aboriginal Heritage Regulations 2007 sunset after 10 years of operation. The Subordinate Legislation (Aboriginal Heritage Regulations 2007) Extension Regulations 2017 came into effect on 25 May 2017 and extended the operation of the Aboriginal Heritage Regulations 2007 for 12 months.

Aboriginal Victoria carried out the review to ensure any new regulations are justifiable and present the most effective and efficient form of regulation available. The review informed how any new regulation might be improved to better achieve the desired benefits and reduce the costs they impose.

A Regulatory Impact Statement (RIS) was prepared for the Aboriginal Heritage Regulations 2018 (the Regulations). The proposed Regulations were also been drafted; these reflected Aboriginal Victoria’s preferred option as outlined in the RIS.

The proposed Regulations would replace, with amendments, the Aboriginal Heritage Regulations 2007.

The objectives of the Aboriginal Heritage Regulations 2018 are to:

specify the circumstances in which a cultural heritage management plan is required, and prescribe the standards for the preparation of a cultural heritage management plan and the carrying out of assessments

prescribe the standards for the preparation of a preliminary Aboriginal heritage test, including the carrying out of assessments